Wal-Mart’s Moral Bankruptcy on Health Care Exposed

When Wal-Mart made changes to its health care plan a few weeks ago, everyone hoped that the retailer was turning over a new, more employee-friendly leaf. Turns out, the retailer still has a heart of stone. The story of former Wal-Mart employee Deborah Shank exposes the retailer at its penny-pinching worst: a company that does $25 billion a month in sales is still taking the time to sue the Shank family for less than $500,000. As this Los Angeles Times editorial explains, Wal-Mart’s actions might be legal, but they’re also morally reprehensible. Click here and here for more discussion of Wal-Mart’s actions.

Wal-mart’s lawsuit: legal, but wrong [Los Angeles Times]

Deborah Shank’s story would have been sad enough, considering the devastating injuries she suffered in a traffic accident seven years ago. Nevertheless, Wal-Mart found a way to add a brutal coda.

As chronicled in Tuesday’s Wall Street Journal, Shank, a former overnight shelf-stocker for Wal-Mart in southeastern Missouri, was driving her minivan when she was broadsided by a semi and suffered permanent brain damage. Unable to walk without help, she lost the ability to care for herself or interact meaningfully with her family. Now 52, she lives in a nursing home.

Wal-Mart started out as one of the good guys in this story, paying almost $470,000 of her initial medical bills. But three years after Shank’s husband sued and settled with the semi driver’s employer, the retail giant changed hats. It demanded every penny back, plus interest and legal fees—more, in fact, than the $417,477 the settlement had placed in a special-needs Medicaid trust fund for Shank’s future healthcare expenses.

The company persuaded a federal district court judge and the U.S. 8th Circuit Court of Appeals to award it the full amount, even though Shank’s family had paid for the lawsuit. Nor did it matter that the settlement covered a fraction of her expenses and losses. Wal-Mart’s healthcare plan clearly states that it gets first dibs on any money recovered by injured employees. Such provisions aren’t uncommon in health plans, and Wal-Mart isn’t the first to enforce one.

Doing what the law allows isn’t the same as doing the right thing, however. The company made itself whole at the expense of a helpless former employee who will never be whole again. Instead of having some resources to improve her care, Shank will receive only the basic services afforded her by Medicaid and Social Security. Nor will the trust fund be in a position to reimburse Medicaid (i.e., taxpayers), which stood to collect any unspent money upon Shank’s death.

Wal-Mart argues that it’s just trying to be fair to those still paying into the company’s healthcare plan. Big payouts to insured workers can drive up the plan’s premiums. The half-million dollars it spent on Shank’s care, however, translates into less than 40 cents per Wal-Mart employee. In its most recent quarter, its stores generated that much in operating income every eight minutes.

Wal-Mart has spent the last few years working hard to rebut healthcare reformers, labor unions, anti-globalization groups and other critics who’ve argued that it puts profits ahead of humanity. While its advertising campaigns try to put a friendlier spin on the company, its behavior toward Shank tells a different story. If Wal-Mart can’t restrain itself, perhaps Congress should prevent health plans from draining settlements won by injured workers with more bills to pay.

Posted by Alex Goldschmidt on Wednesday, November 21, 2007

COMMENTS

WalMart- We collected insurance on dead employees after they were not even employees of WalMart anymore. It was called the ‘Dead Peasants’ COLI (Company Owned Life Insurance) and the families got nothing. We had no insurable interest in hundreds of thousands of people, but we scammed the money just like we are screwing over the Shanks.

WalMart- America’s store of last resort for the desperate.

SanDiegoView in WalMart- the Al Capone of retail
Wednesday, November 21 at 04:56 PM

SanDiegoView - Where jaded opinions, innacuracies and downright lies are just a way of life when it comes to my postings.

mary in
Wednesday, November 21 at 05:12 PM

Mary- I am a paid desperate internet WalMart choir member singing worship hymns from the Edelman ‘war room’. As a fake I cannot disprove or dispute the truth about WalMart and ‘dead janitors’ insurance policies that the company collected on. It is just another embarrassment that WalMart must try and evade.

WalMart- We paid Edelman Public Relations for a internet ‘war room’ of , frauds, shills and trolls. Just like Mary.

SanDiegoView in
Wednesday, November 21 at 05:27 PM

Yep, SDV up to the same old lies again.... but what else is new.  But I’d still love to hear your explaination of how Walmart is “screwing over” the Shanks.

mary in
Wednesday, November 21 at 05:59 PM

mary - Don’t you know that SDV, doesn’t give explanations, he just makes up bogus statements, spun from a tiny bit of reality.

jerry in
Wednesday, November 21 at 06:38 PM

mary and jerry

can you explain yourselves? San Diego View has documented this problem with walmart in the past and so have others. The COLI insurance scam that walmart pulled and got caught on, are you denying it?

Richard in MSU
Wednesday, November 21 at 11:51 PM

Nope, don’t deny it.  If anything it was in poor taste to have policies like that for non-essential personnel.  They were meant for executive level positions.  But everyone who says the families were fraudulently taken by Walmart is also telling a lie.  The families paid 0 dollars for these policies and they received no renumeration from the policies.  In the end it had 0 dollar effect on them.  Now as for Walmart… they took a bath on them.

mary in
Thursday, November 22 at 01:42 AM

… they took a bath on them.

Not to mention broke the law in several states.

Richard, search under ‘dead peasant’ or ‘key man’ insurance. This whole scam was well documented.

Ken V in Texas
Thursday, November 22 at 04:28 AM

More lies from ‘mary’ the WalMart internet fraud on the ‘love of money’ slobs taking a bath. It was another WalMart tax dodge among other scams.

Here is a perfect example-

“They were meant for executive level positions.  But everyone who says the families were fraudulently taken by Walmart is also telling a lie.”
mary in
Thursday, November 22 at 01:42 AM

Typical ‘war room’ bullshit to deceive America from ‘mary’ the WalMart shill.

The documented truth about WalMart on COLI’s is this-

COLI Saga Continues With Widows’ Litigation. The problems of corporate-owned life insurance (“COLI”) purchased en masse—also known as “janitor COLI”—continue for employers such as Wal-Mart Stores Inc. (“Wal-Mart”). We’ve reported in past editions on court decisions generally (but not always) disallowing the deductions corporations have taken for these types of COLI programs. There are also federal legislative efforts to reign in COLI, though none have become law yet. The latest activity is a class action by widows of former New Hampshire Wal-Mart employees. The widows are challenging the program where Wal-Mart purchased COLI policies on the lives of more than 1,000 employees. In the latest round, a federal district court judge dismissed some of the widows’ many claims. Claims proceeding to trial under New Hampshire law include that Wal-Mart used the names and confidential medical information of employees in purchasing the COLI policies without the employees’ knowledge or consent, which resulted in a breach of fiduciary duty and unjust enrichment—taking benefits from the employees without their knowledge or consent. The widows seek to recover life insurance benefits paid to Wal-Mart under the program, premiums paid to the insurer, and any damages as a result of use of names and medical information. (Rice v. Wal-Mart Stores Inc., 2003 DNH 166 (D. N.H. Sept. 30, 2003).)

For WalMart it was just another tax dodge and scam to defraud ‘dead peasants’ and unjustly enrich the Bentonville ‘love of money’ psychopaths.

Wal-Mart Gambled, Lost $1.3B on ‘Dead Peasant’ Policies, Insurers Say
By FRANK REYNOLDS, Andrews Publications Staff Writer

Discount retailing giant Wal-Mart cannot sue its insurers just because it gambled and lost $1.3 billion on getting a tax break from thousands of insurance policies it took out on employees, according to a brief filed by the insurers in the Delaware Supreme Court.

Press reports have dubbed the “corporate-owned life insurance” policies at issue in this litigation “dead-peasant insurance” because most of the policies were purchased by companies that employ large numbers of workers at the lower end of the wage scale and most of the policy benefits went to the companies rather than to families of deceased employees.

The practice was curtailed in the mid-1990s when the federal government, which had previously called the financing scheme “tax arbitrage,” closed the tax loophole and began to pursue Wal-Mart for back taxes.

Meanwhile, outraged employees and their relatives sued.
After the Chancery Court dismissed the suit, Wal-Mart appealed, claiming that the lower court overlooked the duty of the insurers to deal in good faith with their client.

(This is where WalMart demands good faith from insurance companies to deal fairly but won’t give fair play themselves to the Shank family. Typical ‘love of money’ psychopath two faced greed from the slobs in Bentonville.)

“Wal-Mart’s allegations of misrepresentation fail as they concern non-actionable expressions of opinion of law or future or contingent events not representations of fact,” the insurers say.

Wal-Mart Stores Inc. et al. v. AIG Life Insurance Co. et al., No. 172, answering brief filed (Del. Aug. 12, 2005).
Delaware Corporate Litigation Reporter
Volume 20, Issue 05
09/08/2005

WalMart- We hire frauds like ‘mary’ from our ‘war room’ to lie on the internet.

When engaging the audience in dialogue, credibility and transparency is key, as Rubel noted with his own case study from Edleman PR’s blogging campaign for Wal-Mart.
Rubel told the audience that Edelman ran a blogging war-room for Wal-Mart where they identified the most pro- and anti-Wal-Mart bloggers and engaged them on a daily basis with information.

http://www.internetnews.com/xSP/article.php/3606591

“The contract went to Edelman, which assigned its top two Washington operatives to the account. Wal-Mart would not say what it is paying Edelman, nor would it allow interviews with the war room staff.”
Michael Barbaro, The New York Times

SanDiegoView in
Thursday, November 22 at 04:28 AM

Now they are terminating people with benefits and telling them they are rehirable while they terminate you. I assume they would be glad to hire you back at minimum wage and no benefits.

Pauline I Stone in
Thursday, November 22 at 06:58 AM

When engaging the audience in dialogue, credibility and transparency is key

Put your money where your yap is, SanDiegoView and tell us all a little more about yourself so that you can establish your “credibility”.

What’s that, you say?  Internet?

Somehow, I didn’t think you would. 

Until that happens, you’re little more than a hack spinning your usual BS...just to get attention from your WMW buds.

IR 26 in
Thursday, November 22 at 08:43 AM

IR 26 in :And in the spirit of the full disclosure you request, why don’t tell us all more about yourself, thereby establishing your OWN credibility .......before impugning someone else’s?? Hmm?

ddrb in
Thursday, November 22 at 09:54 AM

“More lies from ‘mary’ “

And where is the lie SDV?

mary in
Thursday, November 22 at 10:33 AM

Wal-Mart may not have wanted the use of COLI
policies on it’s associates to become news media
stories, but this sort of thing has actually been
going on, at least in the past.

I understand that lawsuits have been filed
against Wal-Mart by the families of those
associates who have been killed on the job,
in which Wal-Mart, not the families, benefited
financially.

Rob in Surfside Beach, SC
Thursday, November 22 at 11:33 AM

Mary in : “If any thing it was in poor taste to have policies like that for non essential personnel.” Folks, does anybody find that statement as offensive and in POOR TASTE as I do??  Since when has ANYTHING that WalMart does, says ,is, has been, or in all probability, ever will be , ever been dictated or modified by “good taste”? Additionally, it is in YOUR even poorer taste ,to infer that the thousands of associates who keep the machine humming , are more expendable than a handful of overpaid hired hands(executives).Lets see who’s more expendable if the workers, as opposed to the executives, all don’t show up for work one day! Your contention that there was zero effect on them is a transparent (and ineffective) attempt to deflect the FACT that these were illegal and WalMart and AIG and Hartford insurance knew it was.

ddrb in
Thursday, November 22 at 01:13 PM

P.S. : in reference to your “taking a bath” remark, Proctor and Gamble hasn’t CREATED the detergent that can successfully wash away the mud and dirt on WalMart’s corporate reputation, (regardless of their new eco-packaging). Maybe WMW can help"Shout it out!”

ddrb in
Thursday, November 22 at 02:09 PM

“More lies from ‘mary’ “

And where is the lie SDV?

mary in
Thursday, November 22 at 10:33 AM

“They were meant for executive level positions.  But everyone who says the families were fraudulently taken by Walmart is also telling a lie.”
Mary

“...because most of the policies were purchased by companies that employ large numbers of workers at the lower end of the wage scale..”

“Claims proceeding to trial under New Hampshire law include that Wal-Mart used the names and confidential medical information of employees in purchasing the COLI policies without the employees’ knowledge or consent, which resulted in a breach of fiduciary duty and unjust enrichment—taking benefits from the employees without their knowledge or consent.”

“The latest activity is a class action by widows of former New Hampshire Wal-Mart employees. The widows are challenging the program where Wal-Mart purchased COLI policies on the lives of more than 1,000 employees.”

They are not talking about 1000 Walmart executives in New Hampshire Mary. This is about the lower end wage janitors and minimum wage pay people that Walmart abuses.

I think San Diego view proved his point that you lie. You just don’t want to admit you got crushed by the articles and they information they provided.

I believe also that Walmart pays internet ‘trolls’ to post stuff here. The other articles prove that also. I think Walmart has to buy the reputation and advertising that it cannot generate for itself naturally.

Richard in MSU
Thursday, November 22 at 04:14 PM

Richard in MSU: Very well said,indeed,sir!  If I may,"I think WalMart has to buy the reputation...” I think they can only TRY to BUY the truth,but, much to Bentonville’s chagrin-truth extracts its own price,and own its own terms,and in its own time… no matter how much $$ the PR” shills” are paid.Truth will out!!!

ddrb in
Thursday, November 22 at 05:03 PM

Good stuff, Richard, and in Texas it is against the law to take out an insurance policy on an individual without their knowledge.

The company is a defendant in five putative class-action lawsuits, three of which are pending in Texas, one in New Hampshire, and one in Oklahoma.  In each lawsuit, the plaintiffs seek a declaratory judgement that Wal-Mart and the other defendants who purchased Corporate-Owned Life insurance ("COLI") policies lacked an insurable interest in the lives of employees who were insured under the policies, and seek to recover the proceeds of the policies under theories of unjust enrichment and constructive trust. ~ Wal-Mart’s 2004 Annual Report

Ken V in Texas
Friday, November 23 at 05:15 AM

<Who Are the REAL lamos?</b>

“I believe also that Walmart pays internet ‘trolls’ to post stuff here.” ~Richard in MSU

We’ve all had our suspicions about this, Richard.

But I gotta ask, who looks more stupid?  Wal-Mart for encouraging shills to post here, or WMW for their inability to monitor the content on this blog?

ScrewedbyWal-Mart in Anytown, America
Friday, November 23 at 10:31 AM

“The families paid 0 dollars for these policies and they received no renumeration from the policies.  In the end it had 0 dollar effect on them. “

Still waiting to hear where the lie is in that statement.  As far as ddrb’s comment that my statement was “in poor taste”, let me ask you because you seem to evade the tough questions as history has told us..... but do you even understand the premise of the COLI?  Do you understand why they are common practice for executive level positions in corporate america?

And this one… “Additionally, it is in YOUR even poorer taste ,to infer that the thousands of associates who keep the machine humming , are more expendable than a handful of overpaid hired hands(executives).” I hate to break it to you ddrb but YES the thousands of associates who keep the machine humming, ARE MORE EXPENDABLE than a handful of executives.  You may think this statement to be crazy, but if you do you need to wake up and smell the roses because it’s the basis for the supply and demand economy we live in.

mary in
Friday, November 23 at 01:06 PM

ScrewedbyWal-Mart - “But I gotta ask, who looks more stupid?  Wal-Mart for encouraging shills to post here, or WMW for their inability to monitor the content on this blog?”

In the mission statement, it says this site is for FIXING walmart, not destroying it, and as you advocate destruction, you are the one who makes the monitors of this site look foolish, allowing you to continue to post.  You even go as far as to tell them who should or shouldn’t be allowed to post and whether this site is for ‘debate’ or not.  You act like YOU are running this site, not them.

jerry in
Friday, November 23 at 09:12 PM

I Think You Got the Picture, jerry!

I don’t want to see Wal-Mart in ANY form.  I’m certainly not an advocate of “fixing” such a dysfunctional company.  I can only hope to see the day of Wal-Mart’s complete and total demise and collapse.  As I write this, Wal-Mart is $1 billion in the hole in Japan, due to it’s partial take-over of Seiyu, Ltd.

Wal-Mart is caught right now between the tough Japanese consumers and Japanese suppliers. Japanese customers aren’t as motivated by rock-bottom prices as Americans.  Despite this, Wal-Mart is going to “stay the course” for now in Japan.  That suits me just fine.  As long as WM is getting beat up in Japan like it did in Germany, this will slow down or put a crimp in their plans to further expand in the U.S.

I think you might find the “mission statements” of people like myself and Ken V to be a little different than Walmartwatch.

ScrewedbyWal-Mart in Anytown, America
Friday, November 23 at 09:46 PM

Screwedby: It was gratifying for me to see Oprah,this afternoon,promoting Target as the go-to place to shop this season. I recall last year where this same affiliation with Target was part of her preferred merchant profile , widely promoted to her fanbase. Considering the retail influence and presence that Oprah maintains worldwide,this is quite a coup for Target,two years running,IMHO.

ddrb in
Saturday, November 24 at 12:20 AM

this is very wrong and now they want you to pay more for insurance.  And if you have a disability they will not let you work.  You must be able to do all things in job.  But they say they are for you.  They have their picks for one we have a gril working 10-7am and she has only ben employed for just now six mounths but hse has mised 13 to 17 days and we are only allowed to miss 6 a year but here again no job porfermace but who you know and she don,t work when she is here. BUT ONE OF US AND WE ARE FIRED WHY DOES THIS GO ON.

patsy whetsell in knoxville, tenn
Saturday, November 24 at 03:40 PM

oh dont buy all this govt and ufcw union bs patsy

matthew vantress in gresham oregon
Sunday, November 25 at 05:39 AM

It’s NOT what you know it’s who you...

“she has only ben employed for just now six mounths but hse has mised 13 to 17 days ...and she don,t work when she is here.”

Have you ever considered that this employee is sleeping her way to the top of the Wal-Mart food chain, patsy whetsell in knoxville?

ScrewedbyWal-Mart in Anytown, America
Sunday, November 25 at 08:43 AM

Screwedby: You mean there IS actually a point of elevation in their food chain?

ddrb in
Sunday, November 25 at 12:24 PM

matthew i hope a little bit of the bs is true cause even 1 percent is better than nothing right?you know when you fail a test and you get a few questions right well i was wondering if some of the bs is bin supported if you know what i mean?anyway looking toward our next rap.

excellent student of matthew vantress in gresham oregon
Sunday, November 25 at 09:18 PM

exccellent student you are a phony and so is screwed by.

matthew vantress in gresham oregon
Monday, November 26 at 08:05 AM

forget excellent student and screwed by matthew.you are the man of my dreams.im dazzled by your brilliance.people like screwed by and ecellent student would be lucky to stand in your shadow.others are mere motals compared to the god-like qualities you display using just two fingers on your keyboard.those evil unions don’t stand a chance with you as their nemesis.i yearn to be in your presence.together you and i could build a dream life and furnish our love nest with everything from walmart.

I still got the hots for matthew in gresham oregon
Monday, November 26 at 12:49 PM

Most amazing the posts have nothing to do with the subject matter.  But surely ye’ can do better than jest use trashy name calling??  Are ye’ not for helping the Shank family?
Yea, I now understand, it tis far better to demean another than write with substance.

The Sage in
Monday, November 26 at 12:58 PM

Sage in: Perhaps the” trashy name calling” as you put it,has attracted many bloggers ,thereby creating “awareness” of the sad plight of this unfortunate couple. Although I agree that the thread has digressed,IMHO it has not sunken to the labyrinth of Nick’s demonic diatribes....what cause did HIS rants ever serve except allegiance to Ayn and bigoted,self absorbed,self-serving greed?

ddrb in
Monday, November 26 at 01:12 PM

BTW: Some people prefer to put there money where their mouths are, and have, or perhaps will, donate their own $$$ to this couple.Now that’s a kind of WalMart-free Christmas idea,I’m talkin’ about,folks!!

ddrb in
Monday, November 26 at 01:17 PM

Sage in: Getting back the Shanks,on another thread,there was a posting on November 23,2007,12:00P.M. , by an attorney,Gary L.Wickert, who wrote a commentary entitled,Defending Subrogation.The last paragraph ends witht he introductory sentence,recommending that we” exault WalMart....” Well, if you click onto Mr. Wickert’s name,you will be connected to his website which exalts his firm as one of the world’s premier subrogation firms(or words to that effect.)Both you and Screwed replied to his posting,yet I’ve seen no return reply from Mr.Wickert. I did however click on to the representative client list option on his site. I did not see WalMart listed,however,two of the firms who sold the dead janitor policies to WalMart, WERE listed as clients. I do not know if this representation involved the COLI, perhaps not.I thought it interesting,as much has been blogged here,recently,regarding these dead peasant policies. BTW, my spelling of exalted is the correct one.

ddrb in
Monday, November 26 at 01:57 PM

ye?  How About Thou?

I can’t speak for all the “ye’s” out there, but I do know that thou art full of shit, Sage!  Tis far better (not to mention more fun) to demean another than trying to make sense to a moron.

ScrewedbyWal-Mart in Anytown, America
Monday, November 26 at 04:38 PM

Ah Screwed by WM—as usual you make a fool of “ye self”
“thou self” or whatever.

I use ex-lax every day and I can state for a fact, that you have LIED for I am not full of it.  Why do you think I buy toilet tissue from Wal-Mart by the case?

The Sage in
Tuesday, November 27 at 02:22 AM

Morally, WalMart is adrift in a sea of exploitation commercialism. Their efforts to bring back slavery to 21st century man makes WalMart a perfect fit for what is to come. Rev. 18: 11-19

WalMart- Our economic attitude is a religion where morality is alien and totally unwelcome. That is what makes our reputation so wonderful.

‘Sage’-

At best you have never offered anything of substance or value here. You have the moral consistency of the very toilet paper you claim to buy at WalMart. You have lied about my material here repeatedly. You have with typical weak character refused to bring WalMart to moral account for anything. You don’t really know the Word of God ( this is because you don’t know the Spirit of the Word), you have defended WalMart as the typical ‘war room’ toady easily spotted as a WalMart worship choir member.

WalMart/Edelman- We hire internet ‘war room’ frauds. That is our version of 1 Tim. 6: 10

SanDiegoView in WalMart is America's economic 9/11
Tuesday, November 27 at 05:45 AM

SanDiegoView - “At best you have never offered anything of substance or value here.”

That’s the pot calling the kettle black, you have offered nothing more than propaganda, using words like ‘dumping’, ‘slave labor’, ‘poverty wages’, etc., etc., to describe walmart, thus trying to distort walmart in other peoples eyes.  You talk about “war room’ shills, while being one of the biggest shills here.  Your constant use of religion and inflamatory language makes you a troll of the highest order.  Citing people like Al Norman and others like him as your fact base, shows what a fraud you are.  And, constantly making a comparison between Costco (A high price, low employee warehouse club), serving upper income people and Walmart (A low price, higher employee retail store), serving low income people, shows your level of deception.

And, add to that your ‘whitty’ posts under different names, mocking people, exposes you as the lame person you are.

jerry in
Tuesday, November 27 at 11:39 AM

SDV: What’s a “whitty” post?

ddrb in
Tuesday, November 27 at 02:26 PM

SDV (Tue 11/27 @5:45AM)

What I have offered of substance or value on this site, I will leave to the judgment of the majority of the readers, not the posters, if any so care to state.

Why do you mock (if you are a Christian) what you call my “moral consistency”?  Cite one post where my moral view has ever changed? 

You state I have lied about your material—name one post where I “lied” about your post?  You cannot, for I have to correct you at times for your insipidity.

You again LIE when you state that I refused to bring WM to moral account for anything.  You have read but chose to ignore what I post.  I am fair, whether it be for or against WM.  Don’t contine to LIE, SDV.  You also stated that I defended WM as the typical “war room” toady.  Please cite one case where I defended them relative to a war room or anything so connected to their war room.  If you cannot you become a BIGGER LIAR.

So that you know, I do know the word of the Lord God thru the revelation of the Holy Spirit relative to The Saviour, Jesus Christ.  Every day it is in my life, and I don’t make remarks of others that are not Christlike.  I speak the truth.

You love to attempt to quote the Bible (usually out of context) to try and support your position, but it fails I am most positive the majority on here would agree with me. Even those that are against WM, but have Christian principles do not agree with your stance on scripture.

Forgive me for this snide remark:  The Bible you quote from was it made in China?

The Sage in
Tuesday, November 27 at 02:35 PM

Unbelievable...in addition, by WalMart waiting until after a settlement to sue, they prevented the victim from getting an adequate settlement that cxertainly would have included all the medical expenses WalMart was entitled to. That could be a legal position perhaps - WalMarts own negligence could be a mitigating factor in the dfense.

WalMart also had a duty to notify the victims prior to the settlement of their intentions, or maybe even to join the lawsuit in some way, even though it was already in her employment contract. At the very least they had a moral obligation.

Bob Ross in Ft. Lauderdale, FL
Tuesday, November 27 at 06:44 PM

I would think that once the family has won compensation, WalMart first demanded to compensate them - which was fair because the money won were for medical expenses paid by WM. The family probably refused, hoping to keep the money, after which WM sued and won. I’d say, even though the family is in unfortunate situation, still, their greed is certainly #1 in this story. WM would probably might be expected to share the legal costs of the lawsuit against the semi’s driver employer (actually, it’s odd that they did not sue him themselves), but, certainly, the money compensating for the medical bills should be shared with the party who actually paid them - which is WM.

Vadim Rapp in
Wednesday, November 28 at 12:26 AM

Bob Ross - Their Lawyer should know about subrogation, because it is a LAW in many states.  Walmart would not sue for subrogation, ‘before’ a settlement was made, because there are legal procedures that have to be followed, you can’t put the cart before the horse.  Their lawyer should have sued the truck line and their insurance, for ALL expenses, including medical and injury, and then reimbursed walmart’s insurance out of the settlement.

jerry in
Wednesday, November 28 at 12:27 AM

Jerry in : Has anyone lost sight of the even bigger, equally tragic victim-the state of health care in this country? That her husband was advised to DIVORCE her in order to qualify for more benefits?? When trillons are being spent in Iraq,and a husband has to divorce his brain damaged wife to get benefits? If one wishes to discuss obscenity-now there’s a damn good starting point!

ddrb in
Wednesday, November 28 at 08:45 AM

ddrb ,

I think it’s pretty much expected and normal that public assistance to someone who has no support is less than to someone who has support from their family. Her husband - first he won compensation for expenses incurred by WM and refused to share them with WM; now he will divorce her in order to get more money. Those facts kinda complement each other, don’t you think.

It’s very easy to blame greedy corporation for everything, but sometimes it helps to look at the other side as well. I don’t like WM either, but I think this case is much more about family’s greed - even family with a real tragic event.

Vadim Rapp in
Wednesday, November 28 at 09:23 AM

Vadim: Thank you for you reply.I think its pretty abnormal to EXPECT to have to divorce a handicapped mate in THE FIRST PLACE. I do not consider this “business as usual”,sir.I am quite capable of assessing both sides of a situation,and am not a one note chorus,as some may intimate,(and indeed some others are.) However, I do consider it presumptive of you to allege greed on their part. Do you know these people? Please ,do not assume everyone is motivated by the standard of greed for which WalMart has become notoriously,and deservedly, well known.

ddrb in
Wednesday, November 28 at 09:56 AM

Bob Ross—Jerry answered and is correct in that you have no concept of law to go expounding on here as if what you say is fact.  That is where all the problems start, however let us be honest, you like others make a post with a link to your website so that you can make a “buck”!  Right.

Vadim Rapp—you are a jerk to call the Shank Family greedy, this is no amount of money to consider what their expenses will be thru the years.  Personally as I have posted, I believe the Shank’s lawyer Mr. Graham made the mistake(maybe not for I have not read the transcript) and his insurance company should be sued.

The Sage in
Wednesday, November 28 at 11:01 AM

ddrb - You are right, it is a shame that people have to get divorced to qualify for benefits, but, that is the governmnet for you.  Haven’t you heard that some old people have to get divorced to get full Social Security benefits, where the benefits are reduced if you are married?  Or, if the husband dies, the wife only gets half of his benefits?  It’s no wonder you hear stories of people eating dog food.

Here’s something that has nothing to do with this case, but, is curious.  Remember when people were out collecting donation money for the Clinton Legal Defense Fund, (because of his sex scandal), how much money do the Clinton’s have now?

jerry in
Wednesday, November 28 at 11:58 AM

Jerry in : It isn’t a shame,Jerry,its a disgrace. Its a shame and a sham! When I think of the billions spent in Iraq,and troops’ families have to go on welfare,old people have to eat dog food(leaded or unleaded?),expecting people to divorce(how does that square with religious fundamentalists?),all the while the White House says,the economy is great--STOP THE INSANITY!!I have found something else,curious,too, Jerry, I have heard little to nothing about WalMart stepping up to the plate for the elderly,or the troops-think they’ll have jobs with decent wages waiting for these brave souls when they return(if they return) to the American jobforce (whats left of it). Yes,I’ve been curious about a lot,for a long,long,time,Jerry;these last two presidential terms, in particular.

ddrb in
Wednesday, November 28 at 12:23 PM

WHAT???IS THERE NO RESPONSE FROM THE WALMART WORSHIP CHOIR?? THE SILENCE IS DEAFENING!!!NOT EVEN DMV???

ddrb in
Wednesday, November 28 at 07:35 PM

ddrb - It’s too bad you only believe that all these things have happened somehow in the last 2 terms.  Truth is, they have been going on for years, even back to the 40 years the Dems controlled Congress.  Somehow, you forget that low paying jobs have been around for many, many years, can you say McDonalds, K-Mart and many other minimum wage paying places, like most of those mom & pop’s everybody brags about.  Sure unions were stronger back then, but they couldn’t hold their grip on their members.  It’s a fact, that unions have put many businesses out of business too.

jerry in
Thursday, November 29 at 12:18 AM

Not only do they all do it, dd, but they all did it, so it’s ok.

Hey, jerry, you might enjoy looking into how unionized service workers are doing in Nevada, particularly Las Vegas and Reno.

Books serve to show a man that those original thoughts of his aren’t very new at all. ~ Abraham Lincoln

Ken V in Texas
Thursday, November 29 at 03:58 AM

Just wondering “jerry”...

You have made repeated posts about the nature of unions.  Certainly you must have some “expertise” in this area.  What makes you qualified?  Why should anyone listen to your rantings? Why should someone who first comes to this blog consider you to be a reliable source on union matters?

And another thing… you seem to be an equal opportunity political party basher.  You don’t have kind things to say about the “Dems,” and more often than not you come across as a “Republican.” Do you consider yourself a Republican “jerry?”

ScrewedbyWal-Mart in Anytown, America
Thursday, November 29 at 09:11 AM

shut up screwed by are you a costco shiller now?what makes you so qualified on walmart buster to make your lame claims like you do?the ufcw union feeds you everything and you cant see through their lies.why should anyone listen to you and your pro big govt and pro ufcw union ramblings and garbage you post on here?

matthew vantress in gresham oregon
Friday, November 30 at 02:05 AM

ScrewedbyWal-Mart - I am not an ‘expert’, I base my knowledge, on OBSERVATION.  One only has to look at the fact that union membership is declining.  Then add in things like GM and many other union companies going down the tubes, remember, GM used to be the largest company in the world, recently they were facing bankruptcy.  Add to that, the fact that unions have been tied to ‘organized crime’, with labor leaders like Jimmy Hoffa, disappearing with the rank and file’s pension fund money.  In fact, I believe I heard that ‘Organized Crime’ invented unions in the first place.

And, close to your home, was American Motors Corp., they went out of business, selling off to Chrysler, because they were a small company, who was forced by the union (UAW) to pay higher wages and benefits, than the big ones were paying.

jerry in
Friday, November 30 at 12:13 PM

Jerry in : Here’s an idea: How about all the troops that return from Iraq start their own union-as a way to create a job force for the American economy-don’t you think it would be a patriotic start-whatever the product might be??

ddrb in
Friday, November 30 at 03:58 PM

jerry has dam good points and is very intelligent unlike you screwed by and ddrb

matthew vantress in gresham oregon
Saturday, December 01 at 07:42 AM

i am going back to rehab now for the rest of the weekend where people like jerry, mary and sage believe whatever i say or write. why should anyone listen to my pro walmart drivel and lies about everthing? ignorance and indifference to the truth while being a paid walmart internet troll to give official approval to my junk postings

matthew vantress in gresham oregon
Saturday, December 01 at 08:14 PM

...I believe I heard that ‘Organized Crime’ invented unions in the first place.

Was that the Medieval Mafia or the Greek Gang? As Larry the cable guys says:

“I don’t care who you are, that’s funny!”

Ken V in Texas
Sunday, December 02 at 05:00 AM

And, close to your (Screwed’s) home, was American Motors Corp., they went out of business, selling off to Chrysler, because they were a small company, who was forced by the union (UAW) to pay higher wages and benefits, than the big ones were paying.

Fascinating observation, jerry...let’s check back in 5 years and discuss what happened to Chrysler. :-)

bb in
Wednesday, December 05 at 09:32 AM

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